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Normal Business Listings Terms and Conditions

Terms and Conditions are relevant to all business listings and advertising (paid or free) delivered by Your Ability, (www.yourability.com.au).
Your Ability upholds a broad business listing database of both paid advertisers and free listings and reserves the right to make public, or not make public, such listings to guarantee the database is a wide-ranging list of Australian businesses, organisations, products and services. To create the database as broad as we can, it is not limited to businesses or organisations which have business-related agreement with Your Ability. As well as not limited to businesses or organisations which are not servicing or supporting healthcare. Specifically, a free listing for a business or organisation does not mean that the listed business or organsation has any business-related agreement with Your Ability.

Advertising Products and Services Terms and Conditions

1. Acceptance of Terms
  • 1.1. All Advertisers consent to be bound by the Terms and Conditions set out on www.yourability.com.au, terms and conditions consent to across the phone as well as these further terms and conditions, as appropriate.
  • 1.2. The terms that relate to your Contract and Service are laid out in:
    • 1.2.a. these terms as well as any add-ons
    • 1.2.b. the allowed and permitted order form or equal contract, over the phone with a sales individual or otherwise;
    • 1.2.c. appropriate; the commercial credit submission;
    • 1.2.d. website terms of use found at www.yourability.com.au;
    • 1.2.e. any advertising guidelines and/or rules which affect your Service; and
    • 1.2.f. equal agreed and accepted document obtained by Your Ability.
  • 1.3. These Advertising Products Terms and Conditions replace any terms and conditions earlier issued, whether it be in writing, vocally or on www.yourability.com.au, or else issued by Your Ability.
  • 1.4. Your Ability, in its exclusive opinion, may change these terms and conditions at any time without warning.
2. Term of Advertising Contract
  • 2.1. The Contract starts on the date the agreed and permitted order form, commercial credit request, vocal settlement with a sales person or equal contract is obtained by Your Ability.
  • 2.2. The Contract will remain for the time set out in the order form or equal contract.
3. Alteration’s to the Contract, Product or Terms
  • 3.1. Alteration’s or adjustments of the Advertising Products and Services Terms and Conditions can be complete any time by Your Ability without any past warning or notification.
  • 3.2. The modifications will be applicable as soon as they have been put on the Your Ability website, www.yourability.com.au.
  • 3.3. You must check the terms and conditions infrequently so you are mindful of any alterations to the site and services.
  • 3.4. Your constant use of Your Ability following any alterations implies you have agreed to the new terms and conditions.
4. Advertiser Content
  • 4.1. Advertiser is accountable and in charge for uploading and sustaining any and all significant material (Advertiser Material) for use on the Website, www.yourability.com.au in agreement with any obligations of Your Ability including to closing dates and delivery arrangements.
  • 4.2. Your Ability takes no accountability for any of the Advertiser Material.
  • 4.3. Your Ability will regulate the use of all keywords, categories and other material used to define or classify a business listing for all reasons linking to the Directory.
  • 4.4. Your Ability may eliminate, review or reject to publish any Advertiser Material.
  • 4.5. Your Ability holds the right to use or reject entry to, or eliminate a business or organisation from, the website and the directory at any time, for any intention whatsoever and without any liability to Your Ability;
  • 4.6. Acknowledgement of advertising in additional media channels:
    • 4.6.a. Your Ability might display advertisements of businesses and organisations that also advertise in other media channels in a dissimilar presentation and in a dissimilar layout to that of other advertisements.
    • 4.6.b. This difference in appearance is exclusively the responsibility of Your Ability and Advertisers may presume no right of entitlement to this built on their other advertising. Your Ability may decide to use this inconsistency in presentation to some advertisers but not to others and might change the period of any such inconsistency in presentation at its will.
  • 4.7. The Advertiser accepts and recongnises that Your Ability might offer the Directory occasionally to other commercial enterprises including for publication on another website. Your Ability does not permit that the Advertiser’s listing in the Directory will be available or remain to be available on an internet site that is a circulation partner of Your Ability. The Advertiser accepts and consents that:
    • 4.7.a. The seizure of an internet site to publish or remain to publish the Advertiser’s listing or Advertiser Material in any format will not change the parties’ rights and duties under this Contract.
    • 4.7.b. Your Ability is not liable to the Advertiser for any claim for loss or damage resulting from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
    • 4.7.c. Your Ability holds the right to alter its circulation partners occasionally and provides no guarantee that the Advertiser’s listing or Advertiser Material will be spread by any specific circulation partner for any specific time.
5. Termination of Contract
  • 5.1.This Contract may be terminated in the following ways:
    • 5.1.a. any time the Advertiser and Your Ability come to agreement;
    • 5.1.b. Your Ability without warning if:
      • 5.1.b.i. the Advertiser (being an individual) is announced bankrupt; or
      • 5.1.b.ii. any action is taken in regards to the Advertiser which, if the Advertiser is a corporation, rationally specifies its failure (e.g. action is launched for Your Ability to be wound up or put into liquidation) or if the Advertiser is an individual then comparable events occur which show bankruptcy.
  • 5.2.Your Ability might minus notice cease this Contract and all its agreements to an Advertiser if the Advertiser stops to obey with any of its agreements to Your Ability incorporating, without restriction, the Advertiser’s responsibilities to:
    • 5.2.a. any payment to Your Ability in cleared funds by the scheduled date for payment.: and
    • 5.2.b. if valid, maintain adequate funds as necessary by clause 12.2 From execution Your Ability concludes to have any responsibility to provide services to the Advertiser. Clause 6.5 survives execution by Your Ability.
6. Liability and Indemnity
  • 6.1. The Advertiser indemnifies Your Ability against any effective claim by any third party opposed to Your Ability in particular of any subject resulting from the action, use, transfer of money or data to and from Your Ability by the Advertiser.
  • 6.2. By submitting material including data or electronic material for publication or approving or permitting the publication of any material with Your Ability, the Advertiser insures Your Ability and its directors, employees, volunteers and agents against all demands, claims, proceedings and other obligation rising from partly or wholly, directly or indirectly from the publication of the material and, Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Your Ability and its directors, employees, volunteers and agents against any claims resulting from from:
    • 6.2.a. slander, defamation, libel of title.
    • 6.2.b. breach of copyright
    • 6.2.c. breach of names of publication titles or trade marks
    • 6.2.d. unjust opposition
    • 6.2.e. infringement of privacy, trade practices or fair trading legislation, and
    • 6.2.f. disruption of rights of confidential information or privacy or royalty rights or licences or other intellectual property rights.
  • 6.3. Advertiser insurance: The Advertiser insures Your Ability for any harm or cost including consequential loss or indirect or damage irrespective of its cause (including tort and neglect) resulting out of or in any way attached with the delivery of or breakdown to supply a payment process in an agreement, collapse to supply the advertising service, and/or any mistakenness, failure or unfinished information contained in a Company Directory, on the Website or any of its printed material.
  • 6.4. No Advertiser assignment: The Advertiser may not assign its responsibilities or privileges under any contract with Your Ability without the former written consent of Your Ability.
7. Intellectual Property
  • 7.1. All intellectual property relating to material contained on the Website belongs to Your Ability or its Advertisers or licensors, and Users and other Advertisers acquire no interest in that property. Advertisers and Users may not do anything which affects with or violates those intellectual property rights.
  • 7.2. Separately from reasonable dealing allowed by the Copyright Act 1968, Your Ability allows Advertisers and Users on the Website consent only to download copyright material for private reasons and not to use the content of the Website in any other way or for any other reason.
  • 7.3. Map data and maps:
    • 7.3.a. All subject matter and materials connecting to the maps involved on or linked to the Website are the copyright of the mapping supplier.
    • 7.3.b. Apart from as specifically accepted by these terms and conditions, the User (including Advertisers) may not copy, transfer, distribute, reclaim or publish the map data in any way (whether on paper or electronic) without the explicit written approval of Your Ability. The terms of use for Google Maps located on Your Ability can be found at http://www.google.com/intl/en_us/help/terms_maps.html.
    • 7.3.c. Your Ability offer the Google Maps product on an ‘as it stands’ source offered by Google. Google Maps is a product of Google Inc. The user hereby concurs not to make any claims against Your Ability or Google relating to the appropriateness. For any given reason and functionality of Google Maps.
  • 7.4. Video and video data:
    • 7.4.a. All subject matter and materials connecting to the videos involved on or linked to the Website are the copyright of the video supplier.
    • 7.4.b. Apart from as specifically accepted by these terms and conditions, the User (including Advertisers) may not copy, transfer, distribute, reclaim or publish the video data in any way (whether on paper or electronic) without the explicit written approval of Your Ability. You agree and abide by terms of use for each video provider found on each of their websites.
    • 7.4.c. Your Ability offer the video product on an ‘as it stands’ source offered by video providers. The user hereby concurs not to make any claims against Your Ability or their chosen video provider relating to the appropriateness. For any given reason and functionality of the video provider.
8. Privacy
  • 8.1. Your Ability will utilize, gather and reveal any personal information in accord with its Privacy policy which is obtainable by invitation or can be viewed on our Website. Users and Advertisers accept Your Ability Privacy policy and consent to the practice, gathering and release of personal information in agreement with that Privacy policy.
9. General Notices
  • 9.1. Severability of some clauses: If any portion of these terms and conditions are unenforceable the rest will not be altered.
  • 9.2. Jurisdiction: Advertisers recognise that all communication settled on the Website and telephone undertakings in relative to the Website and all online communication are made and settled in Victoria. These terms and conditions will be governed by the laws of the state of Victoria. The groups agree to surrender to the exclusive jurisdiction of the courts exercising jurisdiction there.
  • 9.3. Any notice to be served to Your Ability under this Contract must be served by email to Your Ability: legal@yourability.com.au
10. Meanings
  • “person”
    includes a corporation
  • “month”
    means calendar month.
  • “Advertiser”
    means the business or their lawful delegate (including an advertising agency) that has joined into an agreement with Your Ability in relation to the presence on the Website of listing or other advertising content, including due to the use of this website to upload information into the Directory.
  • “follow-on term”
    means an extent of the same length as the original term beginning on the day after the expiration of the original term or the prior follow-on term, as the case may be.
  • “GST”
    has the meaning as stated A New Tax System (Goods and Services Tax) Act 1999.
  • “service”
    means Your Ability services or products bought by the Advertiser as specified in the invoice from time to time.
  • “stand-alone”
    A stand-alone Listing is every listing product that is not packaged with a Display Advertisement, or Tile Advertisement or Featured Advertisement.
  • “Users”
    means users of the Website incorporating, where suitable, Advertisers.
  • “Contract”
    means logging or documenting including:
    • these terms including any accessories.
    • agreed and permitted Order Form or equal Contract.
    • where appropriate; the commercial credit request.
    • the Website terms of use located at www.yourability.com.au
    • any advertising procedures and/or parameters which relate to your Service.
    • any corresponding agreed and approved document Contract obtained by Your Ability
    • the agreed and permitted voice taping of order or equal contract.
  • Extra Business Listings Terms and Conditions The next Extra Business Listing Terms and Conditions are appropriate to all paid business listings or advertising paid for straight from www.yourability.com.au. Other terms and conditions might affect to business listings or advertising paid for through an associate or representative of Your Ability. Advertisers must cautiously evaluate all related terms and conditions before paying any listing or advertising.
11. Term of Advertising Contract
  • 11.1.1. The Contract starts on the date the agreed and accepted order form, commercial credit submission, verbal approval with a sales individual or equal contract is obtained by Your Ability.
  • 11.1.2. The Contract will remain for the time set out in the order form or equal contract, or if no time is stated, will remain automatically for sequential follow-on terms unless and until it is concluded in accord with Clause 6.
12. Charges and Fees
  • 12.1. Payment and Invoicing:
    • 12.1.a. Once receipt of the agreed and approved order form, commercial credit request, verbal agreement with a sales representative or corresponding contract by Your Ability, the Advertiser will be supplied with a tax invoice. Payment is necessary as set out in clause 5.1.f
    • 12.1.b. The Advertiser is obligated to pay all charges and fees as set out in an agreed and accepted order for, as stated over the phone by a sales representative or corresponding contract upon receipt of a tax invoice on the payment dates set out in that document.
    • 12.1.c. Your Ability holds the right to nominate changes to the prices at any time, on 30 days notice to the Advertiser.
    • 12.1.d. The Advertiser accepts that charges and the fee are exclusive of GST. If the rate of GST changes, this will instantaneously be revealed in the charges payable by the Advertiser and the Advertiser consents to pay this increase from the charged date. The amount of GST charged is according to government regulations.
    • 12.1.e. The Advertiser is required to hold to the payment terms and payment process arranged on the order form, as approved to over the phone with a sales representative, or equal document.
    • 12.1.f. Payment arrangements and payment terms agreed to by Your Ability are as follows: Paypal is our main trusted payment gateway. Direct debit are cash on the due day. For contracts of $4000 plus gst per annum paid by direct debit Your Ability require a settled credit application; electronic funds transfer are strictly 30 days from date of tax invoice. Customers paying by electronic funds transfer need to complete a credit application.
    • 12.1.g. Should the Advertiser choose to pay by direct debit then Your Ability holds the right to process the direct debit for payment as needed to complete a successful conclusion in the event that the original administering transaction is unsuccessful. The Advertiser agrees that it is exclusively liable for any fees or charges related with unsatisfactory funds or any other such charge linking to the gathering of payments.
    • 12.1.h. Should the Advertiser’s account surpass Your Abilities payment terms and be handed on for collection and or legal action, all costs incorporating commission, solicitor’s fees, debt collection and any out of pocket outgoings will be the liability of the Advertiser.
    • 12.1.i. If the Advertiser at anytime surpasses Your Abilities payment terms and as a consequence is passed on for collection and or legal action, Your Ability might put a default against the Advertiser with a credit reporting agency.
    • 12.1.j. For those Advertisers requesting for a commercial credit account the payment terms will be 30 days from invoice date.
    • 12.1.k. Consent of a commercial credit account is due to the evaluation of the Advertiser’s credit worthiness and ability to meet Your Ability terms and conditions.
    • 12.1.l. In consideration of Your Ability having approved at the directors’ wish to provide its services and to give credit to the Advertiser, the directors total and irreversibly promise, jointly and severally, the due and prompt payment to Your Ability on request of all monies now or in the future payable to Your Ability by the Advertiser.
    • 12.1.m. This agreement will be a remaining agreement and will not be altered by any payment of monies or resolution of account, Your Ability permitting time or any other pardon to the Advertiser or any other person; any agreement between Your Ability and the Advertiser or any other individual, Your Ability collapse or neglect to recover monies, any absence of power on any director’s part to provide this agreement, release, handover or ejection of any security detained by Your Ability; any director not implementing this agreement; or any other deed, occasion or omission on Your Ability’s part whatsoever. This agreement is a primary responsibility and is enforceable. Nevertheless that the monies agreed are irreversible from the buyer.
  • 12.2. If needed by the payment agreements approved between Your Ability and the Advertiser, the Advertiser must at all times retain adequate funds in the Advertiser’s account or the bank account (as the case may be) to cover all charges or fees payable to Your Ability and when they are due.
  • 12.3. Private account information: The Advertiser accepts and approves: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
    • 12.3.a. Your Ability might, at any time, in relation to both the advertiser, a director or partner:
      • 12.3.a.i. reveal information enclosed in this Commercial Credit Application and or order form, as well as verbal order form, concerning that individual to:
        • 12.3.a.i.1. credit recording organisation in agreement with section 18E (8)c of the Privacy Act 1988(Cth).
        • 12.3.a.i.2. alternative credit supplier
    • 12.3.a.ii. acquire a credit statement from alternative credit supplier about that person’s credit merit.
    • 12.3.a.iii. reveal information to alternative credit supplier about that person’s customer credit merit.
    • 12.3.a.iv. use material that alarms that person’s commercial actions or commercial credit merit in accordance to Section18L(4) of the Privacy Act 1988(Cth) pursuing the receiving of a credit statement for the reason of evaluating the Commercial Credit Application
    • 12.3.a.v. reveal a statement, containing a verbal statement, regarding that person, or any information resulting from such a statement, to another credit supplier who asks for the statement or information for the reason of reviewing an application by that person for credit
    • 12.3.a.vi. reveal this information to our Collection Group or Solicitors in the result of the account being negligent in agreement with Section 18K(1)g of the Privacy Act 1988(Cth).
  • 12.3.b. A credit supplier in ownership or power of a credit statement file linking to either the applicant or a director or a partner of the applicant may reveal private information restricted in the file to Your Ability:
    • 12.3.b.i. in accordance to Section 18K(1)b of the Privacy Act 1988 (Cth).
    • 12.3.b.ii. in accordance to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b affect evenly to the reexamination of an account in agreement with Section 18E(8)c of the Prvacy Act 1988 (Cth).
  • Not anything blocks Your Ability from taking any action needed to recover unpaid charges and fees. At which time all costs involving debt collection, solicitors fees, commission, and any out of pocket costs will be the responsibility of the Advertiser.
  • If the Advertiser at anytime surpasses Your Abilities payment terms and as a consequence is forwarded on for collection and or legal action Your Ability may put a default towards the advertiser with a credit supplier organisation.
13. Termination Policy
  • 13.1 If the Advertiser requires to cancel their contract within the time of the term of the contract then the Advertiser must do the following:
  • For contracts agreed to from October 1, 2015.
    • 13.1.a. Present notice via email legal@yourability.com.au. The termination will be recorded and you will receive confirmation via email.
    • 13.1.b. The Advertiser agrees that a termination request will receive termination fees as stated below:
      • For twelve (12) month agreement terms:
      • Gold, Platinum, Display Advertising (Square Ads and Leader Board) and Featured Listing where the termination is obtained after twelve (12) months of the agreement start date, a termination fee equal to the rest of the agreement plus GST if applicable will apply.
      • For six (6) month agreement terms:
      • Gold, Platinum, Display Advertising (Square Ads and Leader Board) and Featured Listing where the termination is obtained after six (6) months of the agreement start date, a termination fee equal to the rest of the agreement plus GST if applicable will apply.
  • 13.1.c. A cooling off time of three (3) business days will affect all agreements where an advertiser might terminate their order. No termination fees will apply as a consequence of termination during the three (3) business day cooling off time. All terminations within the cooling off time should be made via email.
  • 13.1.d. Refunds due and owed will be paid minus any relevant termination fees.
14. Advertising Applications

An advertising application does not establish a contract between Your Ability and the advertiser. All advertising applications conclude within 14 days of the application being represented except stated then in writing. Should an advertising application contain position availabilities these will conclude within two (2) days of the application being represented otherwise stated unless in writing. Website Terms of Use

Greetings to the Your Ability site (the Site). The following are our Terms and Conditions for use of the Site which you can enter in numerous different ways, involving but not constrained to the internet, mobile phones, PDAs and RSS feeds. These Terms and Conditions relate whenever you enter the site, irrespective of how you enter the Site.

1.Use of this site

  • 1.Your Ability (ABN 90 871 914 130) is the owner and operative of the Site.
  • 2.Users of the Site, incorporating Members and Advertisers (Users or you) agree to be bound by these Terms and Conditions and any other instructions or notifications which appear on the Site (Terms and Conditions), which can change at Your Abilities sole discretion.. Your use of and access to this Site signifies your acceptance of these Terms and Conditions, as they depart at that time.
  • 3.The Site created to be available for personal use only. You many not use the Site or the directory within the Site for any commercial reason (other than for the adding to or modifying of information available in the directory), in agreement with the Terms and Conditions, including to provide another service, or to attain information which you may include into your service or product or use to improve your service or product or your business or organisation in any way such as generating potential customer lists. Any commercial use needs prior written approval from Your Ability.
  • 4.Content (Content) implies to all information, incorporating but not limited to text, data, multimedia and images, that is presented in a business listing on the Site or directory.
  • 5.Users will not:
    • a.use the Site for any intention or in any way which is conflicting to the Terms and Conditions or which is unlawful, as well as but not limited to breaking intellectual property rights, connecting to a listing in the Directory any intimidating, offensive, rude, unfair, unlawful, explicit, indecent, blasphemous or otherwise disagreeable material of any kind
    • b.surrender or otherwise connect to the directory, whether for automatic upload or otherwise, or otherwise reproduce material of any kind which contains computer viruses, worms or other types of malicious or harmful code
    • c.interfere, damage, modify with disrupt or destroy the files, passwords, data, resources or devices that belong to Your Ability or do anything that compromises the stability and/or security of the Site or the directory
    • d.use the directory in association with the spread of spam, chain letters, junk mail or to participate in other flooding methods or mass disturbance of unsolicited email; or
    • e.send programmed queries of any kind to the Site or the directory without Your Abilities express written approval.
2.Member Account Terms of Use
  • 7.Users agree:
    • a.to accept by the Terms and Conditions.
    • b.to supply correct, complete and current information at all times.
    • c.to continue the security of identification and/or passwords.
    • d.to be completely liable for all account use and for any activities that take place with respect to the account, including consenting to liability for all information, text, data or other materials whether privately transferred or publicly posted to and from the account.
    • e.not to mimic or twist their association with a particular business listing and product and services they supply.
    • f.not to upload or post Content which holds images which do not relay to or contains hidden code or which change the proposed meaning of the original Content, and
    • g.that Your Ability has the right to cease or postpone an Account and decline any and all present or forthcoming use of the site or directory. Where it is feasible for Your Ability to contact Users directly, Your Ability will inform the User of any postponement or ceasing and the explanations for it and the User has 5 days to present a written answer as to why the postponement or ceasing should be overturned. Your Ability will give due and practical thought to that response and give a written outcome to the User within 10 days of receiving those explanations as to its conclusion.

3.Business Titleholder Terms of Use

  • 8.In signing up as a Business Owner you:
    • a.consent that you are the registered business owner or legal delegate of the business being registered.
    • b.consent that your business, like all businesses exhibited on the Site are subject to obtain ratings and reviews from Users
    • c.concede that, to the degree permitted by law, Your Ability is not liable for any Content that causes you or your business any loss or damage
    • d.concede that Your Ability holds the right to incorporate or dismiss entry to, or delete a business from the Site and the directory; and
    • e.concede that Your Ability at its sole decision will choose the use of all categories, keywords, Content and other material used to explain or classify a business listing for all reasons relating to the Site and the directory.

4.Your Ability Mobile Terms and Conditions

  • 9.The Your Ability Mobile website is an addition of the Site exclusively designed to supply prime user experience for mobile devices and overall location tracing using a mobile photo’s “Unique ID” technology/service. To use this feature you must have a matching handset. Users agree that:
    • a.“Unique ID” does not specify the User’s fixed location, and in its place supplies the location of the mobile phone tower being operated by the User’s mobile phone. Location Based Services (LBS) technology is not exact.
    • b.in occasional situations, if LBS is not able to find the User, the User will be told to enter their postcode or suburb to help in this procedure
    • c.if a User is not pleased with their existing location supplied by LBS then the User can opt to change it by typing in their favored location (only a postcode or suburb name and state or territory) and perform a search in that location
    • d.Users will be charged for data usage as per their data pricing plan which is overseen by the applicable supplier; and
    • e.display advertising might show throughout your use of Your Ability Mobile website.

5.Search Bar Terms of Use

    • 10.These clauses 10 to 12 oversee the addition of a Your Ability search box on your own website (Your Site) which will allow you to propose users of Your Site the capability to search the Your Ability database.
    • 11.By operating the Your Ability search box on Your Site, you consent that:
      • a.Your Ability conducts a business listing service for Australia but that, although rational commercial endeavors, the data within the directory may not be completely thorough, precise or present
      • b.You’re your Ability Search Function will function in agreement with the subsequent principles:
        • i.A search box will be sustained by functionality which will permit search requirements to be collected at the Your Ability network interface thereby delivering a business listings search function for Your Site which will authorise users to search a Your Ability directory
        • ii.The substance of the Your Ability directory to be searched will be the equivalent as the substance of the directory which is searched by users of www.yourability.com.au
        • iii.Search results will be revealed on a results page hosted by Your Ability and will contain listed businesses (if any) and mapping details (where achievable, subject to licensing and other concerns); and
        • iv.You may not formulate any changes to the exterior of the search box as offered by us without our previous written agreement.
      • c.Your Ability has no accountability to any participant or any other individual to do with you Your Ability Search Function or the façade or use of or dependence on search results. You guarantee us in relation to any accusation made against us or loss experienced by us in relation to the use by any third party of your, Your Ability Search Function or their use of or dependence on any search results; and
      • d.Your Ability may cease this agreement and capacity to exhibit a Your Ability search box at any time and at its own preference and without prior notice.
    • 12.Your Ability makes no guarantees or representations in relation to the obtainability of your, Your Ability Search Function and the exactness or wholeness of any search results.

6.Intellectual Property

  • 13.Excluding where stated otherwise, all intellectual property in relation to Content on this Site belongs to Your Ability or its affiliates, advertisers or licensors, including but not restricted to trademarks and logos. You acquire no interest in that intellectual property. All Content on the site is safeguarded by Australian and international copyright and other intellectual property laws. You may not do a thing which hinders with or violates those laws or the intellectual property rights in the Content.
  • 14.You can download and view Content or print a duplicate of material on this site for personal, non-commercial use as long as you do not change the Content in any way (including any copyright notice). All rights not specifically granted under these terms of use are retained by Your Ability. Unless specifically stated otherwise, you are not allowed to duplicate, or republish anything you find on the Site without the copyright or trademark owner’s approval.
  • 15.Additional, non-Your Ability trademarks may be presented on the Site from time to time. These may belong to third parties. Nothing viewed on the Site should be interpreted as allowing any license or right of use of any trademark, logo or masthead viewed on the Site, without the definite written permission of the relevant owner.

7.Privacy

  • 16.Your Ability will accumulate, use and reveal any personal information in accordance with its Privacy Policy which can be viewed at www.yourability.com.au. Users accept Your Ability’s Privacy policy and agree to the accumulation, use and disclosure of personal information in accordance with that Privacy Policy.

8.Liability and Indemnity

  • 17.Your Ability does not dismiss any rights and solutions in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equal State or Territory legislation) which can’t be rejected, constrained or altered. Nevertheless, Your Ability otherwise rejects all rights, solutions, conditions and warranties in respect of goods or services delivered through the Site whether based in common law, statute or otherwise to the extent permitted by law. To the broadest degree possible, the following clauses 18 – 22 apply.
  • 18.Your Ability does not permit the precision of the Content and the directory on the Site, including but not limited to any third party sites, any maps shown on the site or resources. All Content is offered to you “as is” and on an “as available” basis and on the stipulation that you accept all responsibility for judging the accuracy of the Content and rely on it at your own risk. Content signifies the views of the author only and not the views of Your Ability. All Content on the Site may be altered and/or removed at Your Abilities individual judgement and without notice.
  • 19.Your Ability will have no accountability or obligation in relation to any damage or loss that you incur, including damage to your hardware or software, resulting from your use of or entry to this Site, subject to clause 21.
  • 20.Your Ability does not permit that functions endorsed in the Site Content, such as hyperlinks, will be continuous or error free, that flaws will be amended or that Your Ability or the server that makes it available, are free of bugs or viruses.
  • 21.Responsibility of Your Ability, for any violation of a term or condition indicated by law, or any legal guarantee, is limited at Your Abilities judgement, to the provision of any service again or the payment for the cost of having any service provided again.
  • 22.You pay Your Ability and its affiliated companies, and each of their agents, employees, officers and directors against any expense, loss, claim or action which it experiences which results from your use of the Site.

9.Third Party Links and Content

  • 23.This Site may contain third party content which is specific to that third party’s terms and conditions of use. Not anything on this Site should be made as allowing any license or right for you to use that Content.
  • 24.This Site might contain links to third party sites which are not associated to Your Ability and in relation to which Your Ability has no interest or jurisdiction. The presence of those links on this Site does not suggest any affiliation between Your Ability and that third party or any commendation by Your Ability of that third party, its site or the products or services which it is promoting on this Site.

10.Contributing Content

  • 25.When you enter Content to Your Ability in any format, including any audio, video, graphics, photographs or text, you approve Your Ability and each of its associated bodies corporate a non-exclusive, royalty-free, perpetual license to make public or otherwise use that Content in any way, at any time.
  • 26.Your Ability retains the right not to use the Content you submit.
  • 27.You permit that you have all of the compulsory rights, including copyright, in the Content you supply, that your Content is not offensive and that it does not infringe any law.
  • 28.You guarantee Your Ability against any and all legal damages, fees and other expenses that might be acquired by Your Ability as a result of a breach of the above warranty.
  • 29.Except otherwise specified, you surrender any moral rights in your part for the purposes of its submission to and promotion on the Site.

11.General

  • 30.These Terms and Condition will be overseen by and translated in agreement with the laws of Victoria.
  • 31.Any notice to be served to Your Ability under this agreement must be presented by email to Your Ability at: sales@yourability.com.au

Direct Debit Appeal Service Agreement

Your Ability irreversibly consents that this appeal will only be used in relation with the amount submitted to in your Order(s). You have to verify your account details by examining your credit card or a current bank account statement from your financial institute. Your Ability will grant 14 days notice to you in writing if the terms of this agreement are to change. Please email Your Ability sales@yourability.com.au if you want to:

  • Postpone a drawing.
  • Hold the Direct Debit Request.
  • Alter your Bank Account or Credit Card details.
  • Change a drawing amount.
  • Stop the Direct Debit Request; or
  • Terminate an individual drawing.
  • Note Your Ability needs three (3) business days warning to proceed on your request.

If you challenge any drawing amount or the motive of drawing you must first contact Your Ability at sales@yourability.com.au. Your Ability commences to attend your enquiry within fourteen (14) business days. If your enquiry is not attended within this time, the disputed amount will be reimbursed until the matter has been settled.

If the scheduled date of the drawing is on a non business day, or a public holiday, Your Ability will direct debit your Credit Card or Bank Account within two business days from the drawing date. If you are unclear when the fee will be administered you need to contact your financial institute promptly. Should a dishonour happen as a consequence of any drawing under this appeal, another endeavor by us to draw may be happen within five (5) business days or by joint agreement. An administration charge may be requested.

Your Ability is dedicated to the security of your personal details and any information supplied to Your Ability will stay private subject to any related law. You agree to Your Ability preserving your designated BSB and Account Number on our database, using a third party for the protected storage of your credit card details or issuing your account information to examine with your Your Ability financial institute any potential incorrect debits.

It is your obligation to make sure that your financial institute account can receive direct debit drawings, and adequate funds are in your account to pay the direct debit at the moment of drawing.

If you have any questions about your direct debit payments, contact Your Ability at sales@yourability.com.au.